You have a unique idea or name, what next? Consider that there are different types of IPs that define new innovation or discovery or a new improvement to an existing idea. In Canada, you can obtain patent protection from Canadian Intellectual Property office.  There are certain things you need to understand before pursuing a patent or a trademark.

Three types of patents:

  • Utility patents
  • Design patents
  • Plant patents

A utility patent is one that involves the discovery of a new process, article of manufacture, machine, or an improvement of an original idea. Design patents are mostly concerned with ornamental designs that can be used to manufacture something. If you apply for a plant patent, then you have to have discovered or invented a distinct variety of plant.

Utility Patent Process

The most common patent is the utility patent. When you verify that your idea does not appear in other patents you can decide which filing strategy you would want to use. In this stage, you have to determine whether you want an international patent, regional patent or both. If you want to patent in your region alone then you will need to electronically file for a provisional or non-provisional patent.

The patent process provides you with information about your patent period, requirements, charges, features, regulations and the examination. You can choose to file the patent on your own, with a patent agent or with a patent attorney. The patent agency recommends a lawyer who is in the position to assist you tackle the complexities involved.

Your application will then be examined by the patent office in the counties where you file. If it is successful, you will have to pay for the issue and publication fee to get a patent grant. The last part of this application process is the payment of maintenance fees. In case your patent application does not is not allowed, you will require a lawyer to help you file for an appeal. With a good lawyer, you can overcome the judgment of the examiner and still get the patent grant.

Why Get a Patent or Trademark?

Patenting or trademarking unique ideas, thoughts or innovations will safeguard themom being stolen and used by someone else- losing out on profits. There are imitators who steal ideas and make profits out of them. That is why It is not appropriate to share a unique idea with anybody until you have fully protected it; otherwise keep it a secret.

With a patent:

  • you get recognition and upgrade your CV
  • You prevent people from stealing or copying your invention
  • You are liberty sell, lease or transfer the rights at a profit
  • You can start a business which can become a source of income
  • You can source for funds and grants from venture capitalists
  • You create an asset that protects other assets
  • You add value to your business through wealth and growth
  • You reduce tour tax bill (in some countries)
  • It gives you an upper hand when there is a breach of terms

Why A Patent Lawyer?

Indeed, the process of obtaining a Patent or trademark is long (about 24-36 months) and costly, sometimes with no guarantee. The amount of paperwork and legwork involved attracts high fees, especially when you are patenting or trademarking from scratch. You need to know your Intellectual Property rights; however, the laws related to IP protection change all the time. These changes make it a complicated process, so hiring a lawyer to do the job ensures everything is airtight and valuable. This is where Stemp and Company can step in and take over all the work for you.

When you deal with a lawyer from our firm, you are guaranteed a legal option for a confidentiality agreement. Before you hire Stemp and Company to help you defend your intellectual property, first come up with definite goals and strategies- this makes work easier. Therefore, if your idea can make the world a better place, then consult a patent lawyer from our team for the very best professional advice.